Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Diane Buisman

Photo of Diane Buisman
May 19 2016
Q&AEmployee BenefitsLeave LawsWorkers’ Comp  

Is an employee out on workers’ comp entitled to health insurance?

Q: Our employee was injured at work and he’s out on a workers’ compensation claim. Are we required to carry him on our health insurance plan since this was an on-the-job injury?

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Photo of Diane Buisman
Aug 12 2015
Harassment & DiscriminationTermination & Resignation  

Porn investigation leads to discrimination lawsuit

Demoting an employee for accessing and viewing pornographic material on his work computer should be an air-tight decision, but a recent court case demonstrates how even a seemingly justified punitive action can lead to a lawsuit.

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Photo of Diane Buisman
Apr 13 2015
Leave Laws  

DOL clarifies definition of spouse under FMLA

The U.S. Department of Labor (DOL) recently released a final rule that redefines who qualifies as a spouse under the Family and Medical Leave Act (FMLA). The new rule specifically says marriage is defined by state law where the marriage was entered into, including states where common law and same-sex marriages are recognized.

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Photo of Diane Buisman
Mar 27 2015
Disability  

Employer loses bid to overturn large jury verdict on ADA claim

When a jury decided to award an employee $1 million on her disability discrimination and failure to accommodate claims, it was decided her employer was to be held accountable for numerous actions. Some of the employer actions that factored into the decision were:

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Photo of Diane Buisman
Jan 27 2015
Leave Laws  

Paid sick leave is on the horizon across the nation

In his State of the Union address earlier this week, President Obama supported a trend that we’ve seen growing on the West Coast for the past several years: mandated paid sick leave for employees.

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Photo of Diane Buisman
Oct 06 2014
Wage and Hour  

CALIFORNIA: Reimbursement for Business Use of Personal Phones is a Must

Although many employees have “unlimited” minutes on their cell phone plans, employers must reimburse for the cost of a personal phone if it’s required to be used for work, as emphasized by a recent case in California. Employees of a food delivery company were required to use their personal cell phones for business, but were not reimbursed for their expenses.

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Photo of Diane Buisman
Sep 24 2014
DisabilityDrug and Alcohol  

Drug testing for prescription medication is questionable under ADA

Random drug testing for prescription medication pushes the limits of what is permissible under the federal Americans with Disabilities Act (ADA), but may not necessarily violate the law, according to a recent case from the Sixth Circuit U.S. Court of Appeals.

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Photo of Diane Buisman
Jan 06 2014
Q&AWage and Hour  

Do I need to pay employees for their time spent studying?

Q: Are we required to pay employees for study time, if they’re required to pass a certification test as part of their job?

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Photo of Diane Buisman
Oct 24 2013
Q&AHiringImmigration  

Should we use E-Verify during our hiring process?

Q: We’re unsure about our ability to review and authenticate documentation presented during the I-9 process. Should we start using E-Verify to make us feel more secure?

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Photo of Diane Buisman
Oct 15 2013
Wage and Hour  

CALIFORNIA: Huge punitive damage award upheld in retaliation case

Speaking up about concerns in the workplace, and being fired as a result, resulted in a huge jury verdict against a California employer.

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